Book contents
- Why Punish Perpetrators of Mass Atrocities?
- ASIL Studies in International Legal Theory
- Why Punish Perpetrators of Mass Atrocities?
- Copyright page
- Contents
- Contributors
- Preface
- Abbreviations
- 1 Introduction: The Need for a Robust and Consistent Theory of International Punishment
- 2 The Practical Importance of Theories of Punishment in International Criminal Law
- Part I Setting the Framework: Criminological, Historical and Domestic Perspectives
- Part II Rationales for Punishment in International Criminal Law: Theoretical Perspectives
- Part III Consequences for the Practice of the International Criminal Court
- 16 Prosecution Strategy at the International Criminal Court in Search of a Theory
- 17 Selectivity in International Criminal Law
- 18 Theories of Punishment in Sentencing Decisions of the International Criminal Court
- 19 Theories of Punishment at The Hague
- 20 From Punitive to Restorative Justice
- 21 Concluding Remarks
- Select Bibliography
- Index
17 - Selectivity in International Criminal Law
Asymmetrical Enforcement as a Problem for Theories of Punishment
from Part III - Consequences for the Practice of the International Criminal Court
Published online by Cambridge University Press: 07 February 2020
- Why Punish Perpetrators of Mass Atrocities?
- ASIL Studies in International Legal Theory
- Why Punish Perpetrators of Mass Atrocities?
- Copyright page
- Contents
- Contributors
- Preface
- Abbreviations
- 1 Introduction: The Need for a Robust and Consistent Theory of International Punishment
- 2 The Practical Importance of Theories of Punishment in International Criminal Law
- Part I Setting the Framework: Criminological, Historical and Domestic Perspectives
- Part II Rationales for Punishment in International Criminal Law: Theoretical Perspectives
- Part III Consequences for the Practice of the International Criminal Court
- 16 Prosecution Strategy at the International Criminal Court in Search of a Theory
- 17 Selectivity in International Criminal Law
- 18 Theories of Punishment in Sentencing Decisions of the International Criminal Court
- 19 Theories of Punishment at The Hague
- 20 From Punitive to Restorative Justice
- 21 Concluding Remarks
- Select Bibliography
- Index
Summary
Harmen van der Wilt explains the ICC’s and the Rome Statute’s ‘design selectivity’, i.e., the ICC’s legal, structural and political limitations and well as its inherent selectivity when selecting ‘situations’ and ‘cases’. He analyzes how the problem of selectivity in international criminal law, i.e., the systematical exemption of entire categories of perpetrators from accountability, creates tensions with traditional theories of punishment. In emphasizing the shift from punishment to trial, he argues that international criminal law’s inherent selectivity can best be processed by expressivism. However, contemporary international criminal law, he concludes, conveys the ‘perverse message’ that ‘criminal responsibility depends on the party or nation one belongs to and the side on which one fights’. For the future, he calls for an approach of ‘dauntless perseverance’.
- Type
- Chapter
- Information
- Why Punish Perpetrators of Mass Atrocities?Purposes of Punishment in International Criminal Law, pp. 305 - 322Publisher: Cambridge University PressPrint publication year: 2020